2.2 Constitution Lecture Outline ( and downloads)

CREATING THE AMERICAN GOVERNMENT

 

1. ORIGINS OF AMERICAN GOVERNMENT

   1. England's legal legacy

      1. Magna Carta (1215)

      2. English Common Law

      3. English Bill of Rights (1688)

   2. Colonial legal legacy

      1. Mayflower Compact

      2. House of Burgesses

      3. Maryland Act of Toleration

      4. Fundamental Order of Connecticut-first written constitution

   3. English Rule: Trade and Tax

      1. Mercantilism

         1. Navigation Acts

      2. French and Indian War: Tax actions to fund the war and control colonists

         1. Proclamation Act 1763

         2. Sugar Act 1764

         3. Quartering Act

      3. Colonial attempts at building a national government

         1. Albany Plan of Union

         2. Committees of Correspondence

         3. First and Second Continental Congress

         4. Common Sense- Thomas Paine

         5. Declaration of Independence

         6. Articles of Confederation

            1. Weaknesses

               • Unicameral legislature

               • No Chief Executive, No Judiciary

               • Required unanimous vote to amend

               • No power to tax

               • No power over currency

               • No power to directly recruit an army

               • No power over commerce

               • No power over foreign commerce

               • No respect abroad

 

1. The Constitutional Convention (1787)

   1. Road to the Convention (influences)

      1. Revolutionary War (Self Rule)

      2. Declaration of Independence (Life, Liberty, and Property)

         1. Locke’s Social Contract

      3. Shay’s Rebellion (Federalism)

   2. 55 delegates assemble in Philadelphia (No RI)

      1. “Well Read, Well Bred, Well Wed”

   3. Objective: Form a strong CENTRAL government

      1. Motives

         1. Economic Power- Charles Beard

         2. Maintain the prevailing social order- Jackson Turner Main

      2. General agreements

         1. Moderate Republicanism advocated for form

         2. Limits on government power

      3. The Historic Compromises

         1. Connecticut (Great) Compromise:

         2. Virginia Plan- large states -New Jersey Plan-small states

         3. Three-Fifths Compromise: Blacks are 3/5ths of a person

         4. Regional

            1. South

               • No ban on Slave trade for 20 years

               • No Tax on export

               • Senate Ratifies Treaties

            2. North

               • Federal government controls commerce

 

• PRINCIPLES OF AMERICAN GOVERNMENT

  1. Division of Power: Separates power structure yet forces government to work together

     1. Separation of Powers- Executive, Legislative, Judicial

     2. Checks and Balances

     3. Federalism- State and National, State to State

 

1. ARTICLES OF THE CONSTITUTION

   1. ARTICLE I: Legislative Branch- Creates Law

      1. Represents the People

      2. Article 1 Section 8: Enumerated Powers

         1. Necessary and Proper Clause (Elastic Clause)

         2. Implied Powers

      3. ARTICLEII: Executive Branch-Enforces Law

         1. Represents the Majority

            1. Broad Powers

            2. Specific Tasks

         2. ARTICLE III: Judicial Branch-Interprets Law

            1. Represents the Constitution

            2. Supreme Court and its jurisdiction

         3. ARTICLE IV: Federalism

            1. Full Faith and Credit

            2. Privileges and Immunities

         4. ARTICLE V: Amendments

         5. ARTICLE VI: National Supremacy Clause

         6. ARTICLE VII: Ratification Process

 

1. RATIFICATION OF THE CONSTITUTION

   1. State ratifying conventions

   2. Federalists

      1. In Favor of the Ratification

         1. Northern Businessmen

         2. Federalist Papers

            • Jay, Hamilton, Madison

            • Federalist 51: Separation of Powers

            • Federalist 10: Factions Political Parties

            • Federalist 78: Judicial Review

 

1. Anti-Federalists

   1. Opposed to Ratification

      1. Southern and Western Farmers

      2. States Rights Advocates

         • Anti-Federalist Papers

      3. Bill of Rights- Personal Liberties

 

1. AMENDMENT PROCESS

   1. Formal Amending Process

      1. Proposals

         1. 2/3rds vote in both houses of Congress

         2. 2/3rds of state’s legislatures

      2. Ratifications

         1. Approved by 3/4ths of state’s legislatures

         2. Approved by 3/4ths of state ratifying conventions

 

1. Informal Amending Process

   1. Judicial Interpretation: The Supreme Court interprets the Constitution to “flow” with the changing times.

      1. Brown v. Board of Education: Ban on public segregation

      2. Griswold v. Connecticut: Creates Right of Privacy

   2. Social, Cultural, and Legal changes: New Deal Era

      1. Environmental Change

         • Constitution could not support needs of the nation

         • Supreme Court rejects New Deal Legislation

           • FDR’s Court Packing (1937)

         • Coming of the Second Republic

           • New Power for the President (Balance of Power)

           • New Power for the National Government (Federalism)

 

Download Sabato_Outline-2._Constitution.pdf

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